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By-Law 37-2024
Authorization Reference: CLK-C 4-2024
Page 1 of 9
THE CORPORATION OF THE CITY OF THOROLD
BY-LAW NO. 37-2024
A BY-LAW TO REGULATE THE SALE AND SETTING OFF OF
FIREWORKS AND PYROTECHNIC SPECIAL EFFECTS WITHIN THE
CITY OF THOROLD
WHEREAS Section 120 of the Municipal Act, 2001, S.O. 2001, c.25 as amended,
provides that a municipality may prohibit and regulate the manufacture of explosives in
the municipality; prohibit and regulate the storage of explosives and dangerous
substances in the municipality; regulate the keeping and transportation of explosives
and dangerous substances in the municipality; and prohibit the manufacture or storage
of explosives unless a permit is obtained from the municipality for those activities and
may impose conditions for obtaining, continuing to hold and renewing the permit,
including requiring the submission of plans;
WHEREAS Section 121 of the Municipal Act, 2001, S. O. 2001, c.25 as amended,
provides that a local municipality may prohibit and regulate the sale of fireworks and the
setting off of fireworks and that such a by-law may prohibit the activities described
therein unless a permit is obtained from the municipality for those activities and such a
by-law may impose conditions for obtaining, continuing to hold and renewing the permit,
including requiring the submission of plans; and
WHEREAS the Council of the Corporation of the City of Thorold deems it necessary
and expedient for the abatement of nuisance, the promotion of fire prevention and for
the public health and safety of its residents, to prohibit and regulate the sale and the
setting off of fireworks and pyrotechnic special effects within the Corporation of the City
of Thorold.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the City
of Thorold enacts as follows:
Section 1 - Definitions
1.1
"Act" means the Explosives Act, R.S.C. 1985, c. E-17, as amended and
the regulations enacted thereunder as amended from time to time;
1.2
"Building" includes an edifice of structure, but does not included a trailer,
or tent or motor vehicle of any kind;
1.3
"City" means The Corporation of the City of Thorold or the geographic
area of the City of Thorold as the context requires;
1.4
"Consumer Firework" means an outdoor, low hazard, recreational
firework that is classed as an F.1 Consumer Firework under the Act and
includes fireworks, showers, golden rain, lawn lights, pin wheels, roman
candles, volcanoes, mines and sparklers, but does not include Christmas
crackers, fire crackers, caps for toy guns containing not in excess of 25
one-hundredths of a grain of explosive used per cap;
1.5
"Discharge" means to fire, ignite, explode or set off, or cause to be fired,
ignited, exploded or set off, and the words "Discharged" and
"Discharging" have a similar meaning;
1.6
"Display Firework" means an outdoor, high hazard, recreational firework
that is classed as an F.2 Display Fireworks under the Act, and includes
rockets, serpents, shells, bombshells, tourbillions, maroons, large wheels,
bouquets, bombardos, waterfalls, fountains, batteries, illuminations, set
pieces and pigeons, but does not include firecrackers;
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Authorization Reference: CLK-C 4-2024
Page 2 of 9
1.7
"Display Supervisor" means a person who is qualified under the Act to
supervise the Discharge of Display Fireworks;
1.8
"Exhibition Fireworks" means a manufactured pyrotechnic device
producing spectacular effects of light or sound classed under the Act as
high hazard fireworks but does not include firecrackers;
1.9
"Firecracker" means a pyrotechnic that explodes instantaneously when
ignited and does not produce any visible effect after the explosion, and
includes those devices commonly known as Chinese firecrackers but does
not include caps for toy guns containing not more than twenty-five one
hundredth of a grain of explosive on average per cap, devices for use with
such caps, safety flares or marine rockets and other distress signals;
1.10 Fire Ban" means a prohibition on all burning, including the Discharge of
fireworks, issued by the Fire Service of The Corporation of the City of
Thorold;
1.11 "Fire Chief' means a Fire Chief appointed under Subsection 6(1) of the
Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended,
for The Corporation of the City of Thorold, or designate
1.12 "Fireworks" means Display Fireworks, Pyrotechnic Special Effects
Fireworks, and Consumer Fireworks;
1.13 "Fireworks Display" means an exhibition of fireworks in an outdoor
assembly or open air occupancy to which the public is invited, attends,
may attend, or is admitted with or without a fee being charged and
includes private functions such as weddings, or other celebrations;
1.14 "Flying Lantern" means a small hot air balloon or similar device made of
treated paper or any other material, with an opening at the bottom, which
is propelled by an open flame generated by a small candle or fuel cell,
allowing the balloon or similar device to rise and float in the air;
1.15 "FPPA" means the Fire Protection and Prevention Act, 1997, S.O. 1997, c.
4, as amended, and the regulations enacted thereunder, as amended from
time to time, or any Act and Regulations enacted in substitution therefore;
1.16 "Prohibited Firework" includes, but is not limited to, cigarette loads or
plugs, exploding matches, sparkling matches, ammunition for miniature
tie clip, cufflink or key chain pistols, auto alarms or jokers, cherry bombs,
M-80 and silver salutes and flash crackers, throw down torpedoes and
cracker balls, exploding golf balls, stink bombs and smoke bombs, tear
gas pens and launchers, party peppers and table bombs, table rockets
and bottle rockets, fake firecrackers, champagne party poppers, snap
caps, sprite bombs, and other trick devices or practical jokes as included
on the most recent list of Prohibited Fireworks as published from time to
time under the Act;
1.17 "Pyrotechnician" means a person who is certified under the Act as a
Theatrical User, an Assistant, a Pyrotechnician or a Special Effects
Pyrotechnician and is qualified to purchase and supervise the display of
Pyrotechnic Special Effect Fireworks under the Act;
1.18 "Pyrotechnic Special Effect Firework" means a high hazard firework that is
classed as an F.3 Special Effect Pyrotechnics under the Act and that is
used to produce a special pyrotechnic effect for indoor or outdoor
performances and includes black powder bombs, bullet effect, flash
powder, air bursts, smoke compositions, gerbs, lances and wheels;
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Authorization Reference: CLK-C 4-2024
Page 3 of 9
1.19 "Permit" means written permission to hold a fireworks display of Consumer
Fireworks as approved and granted by the Fire Chief and issued under the
provisions of this By-law;
1.20 "Tent" means a portable shelter/structure made of cloth or other pliable
material, supported by one or more poles, which can be stretched tight
by cords or loops, attached to pegs, driven into the ground or other
measures sufficient to secure them.
Section 2 - Sale of Prohibited Fireworks and Firecrackers
The following are the regulations governing the sale of Prohibited Fireworks and
Firecrackers:
2.1
No person shall Sell any Firecrackers.
2.2
No person shall Sell Prohibited any Fireworks.
2.3
No person shall Sell any Flying Lanterns.
Section 3 - Discharge of Fireworks and Firecrackers
The following are the regulations governing the Discharge of Prohibited Fireworks and
Firecrackers:
3.1
No person shall Discharge Firecrackers.
3.2
No person shall Discharge Prohibited Fireworks.
3.3
No person shall Discharge a Flying Lantern.
Section 4 - Sale of Consumer Fireworks
The following are the regulations governing the sale of Consumer Fireworks:
4.1
No person shall sell fireworks unless all requirements of the Act, this By-
law, any other federal, provincial or municipal statute or regulation and any
specific requirements of the Fire Chief, or his or her designate, have been
complied with.
4.2 Any persons wishing to Sell Consumer Fireworks shall submit a written
request for Approval, identifying all required safety features specified
within this section.
4.3
Persons wishing to Sell Consumer Fireworks, at a location or on property
that is not owned by the seller, shall obtain written consent from the
property owner prior to the Approval of the Fire Chief. Written consent
shall be submitted to the Fire Chief.
4.4
No person shall Sell Consumer Fireworks except seven days prior to the
holiday known as Victoria Day, on Victoria Day holiday, and two days
immediately following Victoria Day holiday, and seven days prior to the
holiday known as Canada Day July 1st, on Canada Day holiday July 1st,
in each year, or on such other dates requested and authorized by the
Fire Chief.
4.5
Approval to sell fireworks shall be valid only for the permitted dates,
specified in Section 4(d), for the calendar year.
4.6
Approval to sell fireworks is valid only for the sale location specified in
the request.
4.7
No person shall Sell Consumer Fireworks from a motor vehicle,
uncovered trailer, or residential dwelling.
4.8
No person shall Sell Consumer Fireworks to persons under the age of
18.
By-Law 37-2024
Authorization Reference: CLK-C 4-2024
Page 4 of 9
4.9
A person shall only Sell Fireworks that are included on the most recent
List of Authorized Explosives as published by the Explosives Branch of
Natural Resources Canada or its successor.
4.10 No person shall transport Consumer Fireworks except as permitted under
the Act.
4.11 No person shall exhibit or display Consumer Fireworks unless:
a) the Fireworks are separated into individual lots that do not exceed
25 kilograms in gross weight; and
b) such separation between lots is sufficient to prevent fire from
spreading rapidly from one lot to the next by a fire break which may
consist of:
- maintaining a minimum aisle width of 1.2 metres
between lots;
- 6 mm plywood partition that extends 15 cm above the
height of the lot or display shelf above; or
- any other method approved by the Fire Chief.
4.12 No person shall store Consumer Fireworks in areas that are not
designated and approved.
4.13 No person shall display Consumer Fireworks that are not in consumer
packs unless:
a) the Fireworks are inaccessible to the public; and
b) the Fireworks are displayed in a glass or plexiglass case, or other
approved means.
4.14 No person, other than the seller, shall handle Fireworks that are not in
consumer packs, until after the time of purchase.
4.15 No person shall exhibit or display Consumer Fireworks that are exposed
to direct sunlight, open flame, excess heat, or within close proximity of
accelerants or other sources of ignition.
4.16 No person shall smoke within eight (8) metres of any Consumer
Fireworks.
4.17 No person shall Sell, or offer for sale, Consumer Fireworks in a location
where prominent no smoking signs are not on display.
4.18 No person shall Sell or display Consumer Fireworks inside a building,
tent, trailer, or other enclosed location, unless there are a minimum of
two (2) unobstructed, clearly identified exits to ensure that occupants can
quickly evacuate in the event of a fire or emergency.
4.19 Tents used to Sell or display Consumer Fireworks shall conform to
CAN/ULC S-109, "Standard Method for Flame Tests of Flame Resistant
Fabrics and Film".
4.20 Each location, where Consumer Fireworks are offered for sale, shall have
at least two (2) portable fire extinguishers having a minimum rating of
3A:10BC.
4.21 No person shall Sell or offer for sale Consumer Fireworks unless
established procedures are in place and approved as per the Ontario
Fire Code. Procedures shall be submitted to the Fire Chief and include
the following:
a) the location and identification of storage and handling areas;
b) the methods to control a fire emergency safely and efficiently;
c) the names, addresses, and telephone numbers of persons to be
contacted in case of fire during non-operating hours; and
d) any other information deemed necessary by the Fire Chief.
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Authorization Reference: CLK-C 4-2024
Page 5 of 9
4.22 The seller of Consumer Fireworks must offer the buyer either a copy of the
table that describes safety instructions for using Consumer Fireworks,
which is found at the end of Part 16 in the Explosives Regulations, 2013,
or a document that includes the same information.
4.23 No person shall offer for sale, display for sale, or Sell Consumer
Fireworks in a manner that contravenes the sale of Consumer
Fireworks regulations.
Section 5 - Discharge of Consumer Fireworks
No person shall Discharge Consumer Fireworks except on the following days:
5.1 Victory Day, Canada Day and Celebratory holidays
a) Victoria Day: The two (2) days immediately preceding
Victoria Day, Victoria Day, and the two (2) days
immediately following Victoria Day.
b) Canada Day: The two (2) days immediately preceding Canada Day,
Canada Day, and the two (2) days immediately following Canada
Day.
c) And any Celebratory holidays with prior written approval from the
Fire Chief
5.2
No person shall Discharge Consumer Fireworks on the days specified in
Section 5(1), except between 6:00 pm and 11:00 pm.
5.3
No person under the age of eighteen (18) years shall Discharge any
Consumer Fireworks except under the direct supervision and control of
a competent person twenty-one (21) years of age or over.
5.4
No parent or guardian of any person under the age of eighteen (18)
years shall give, trade, or otherwise offer Consumer Fireworks, nor
permit the person to Discharge any Consumer Fireworks, except when
such parent or guardian or some other competent person of twenty-one
(21) years of age or over, is in direct supervision and control of the
Discharge.
5.5
No person shall Discharge Consumer Fireworks on a property, or at a
location, without the knowledge and permission of the property owner.
5.6
No person shall Discharge Consumer Fireworks as to endanger, injure,
harass, frighten, or constitute a nuisance, to any person or animal.
5.7
No person shall Discharge Consumer Fireworks in such a manner as to
create a danger or fire hazard to any property.
5.8
No person shall Discharge Consumer Fireworks from, onto, or over any
building, doorway, or motor vehicle.
5.9
No person shall Discharge Consumer Fireworks from, onto, or over any
highway, street, laneway, sidewalk, park, or other public place.
5.10 No person shall Discharge Consumer Fireworks over any aerodrome,
airstrip, helipad, railway, fuel dispensing station, fuel transfer/pumping
station, fuel storage facility, or navigable waterway.
5.11 No person shall Discharge Consumer Fireworks under, or over, any
utility lines or wires (hydro, telephone, cable).
5.12 No person shall Discharge Consumer Fireworks at, or near, any
flammable or combustible liquids or gases.
5.13 No person shall permit Discharged Consumer Fireworks, casings, or
other debris, to enter onto neighbouring properties, highways, streets,
laneways, sidewalks, parks, or other public places.
5.14 No person shall Discharge any Consumer Fireworks when the wind
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Authorization Reference: CLK-C 4-2024
Page 6 of 9
speed is in excess of twenty (20) kilometres per hour, as indicated
by the Weather Network Thorold.
(https://www.theweathernetwork.com/ca/weather/ontario/thorold).
5.15 No person shall Discharge Consumer Fireworks unless a suitable means
of extinguishment is readily available. Every person shall ensure that
Discharged Consumer Fireworks, casings, or other debris, are
completely extinguished so as not to create a fire hazard.
5.16 No person shall Discharge Consumer Fireworks during a Fire Ban
authorized by the Fire Chief.
5.17 No person or group of persons shall hold a Fireworks Display of
Consumer Fireworks in the City of Thorold, without first having approval
by Fire Chief.
Section 6 - Storage of Fireworks
The following are the regulations governing the storage of Fireworks:
6.1
Storage of Fireworks shall be in accordance with the Act
Section 7 - Permits
The following are the regulations governing Permits:
7.1
No person or group of persons shall hold a Fireworks display of
Consumer Fireworks, Display Fireworks, or Discharge any Pyrotechnic
Special Effect Firework, in the City of Thorold, without first having
obtained a Fireworks Permit issued by the Fire Chief
7.2
Every application for a Fireworks Permit shall be made to the Fire Chief a
minimum of 30 days prior to the event when the proposed Discharge of
Fireworks is to occur.
7.3
Every application for a Permit shall include:
7.3.1 a description of the event, including:
a) the date and time of the proposed Discharge of
Fireworks;
b) the type, kind and quantity of Fireworks that may be
Discharged;
c) the Discharge techniques to be used;
d) the manner and means of prohibiting unauthorized
persons access to the Discharge site;
e) the manner in which unused Fireworks are to be
disposed of; and
f) the number of persons authorized to handle and
Discharge the Fireworks.
7.3.2 a site plan providing a description of the site to be used for the
discharging of the Fireworks, including height, range, fallout,
duration of the display, and storage locations;
7.3.3 a description of the fire emergency procedures;
7.3.4 the name and address of the applicant and the sponsoring
organization, if applicable;
7.3.5 proof of certification of the applicant as a Display Supervisor,
Pyrotechnician, or person approved by the Fire Chief;
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Authorization Reference: CLK-C 4-2024
Page 7 of 9
7.3.6 written consent of the owner of the property to the Discharge of
Fireworks;
7.3.7 a fee pursuant to the Schedule of Fees By-law of the City;
7.3.8 proof of insurance and indemnification in accordance with the
City's standard form of Certificate and sections 7.11 and 7.14 of
this by- law; and
7.3.9 such other information as required by the Fire Chief.
7.4
A Permit issued under this by-law, for an event featuring Fireworks, shall
be subject to the following conditions:
7.4.1 the Permit is valid only for the location and on the date or dates
set forth in the Permit;
7.4.2 the Permit holder or person approved by the Fire Chief shall
supervise the Fireworks;
7.4.3 the Permit holder or person approved by the Fire Chief shall
Discharge the Fireworks;
7.4.4 every Permit holder shall provide and maintain fully operational
fire extinguishing equipment appropriate for the nature and size
of the Fireworks;
7.4.5 fire extinguishing equipment shall be ready for immediate use; and
7.4.6 the Permit holder shall comply, at all times, with the provisions of
the Act, FPPA, and the Display Fireworks Manual published by
Natural Resources Canada or any successor publication.
7.5
A Permit may not be approved or may be revoked for any the following:
7.5.1 the application is incomplete;
7.5.2 the applicant is not a Display Supervisor, Pyrotechnician, or person
approved by the Fire Chief;
7.5.3 there are reasonable grounds to believe that the Discharge of
Fireworks may constitute a fire or safety hazard or result in a
nuisance to the public;
7.5.4 the Permit application contains false or misleading information,
7.5.5 the Discharge of Fireworks is scheduled during a Fire Ban
authorized by the Fire Chief; and
7.5.6 there are reasonable grounds to believe that the Discharge of the
Fireworks will result in a breach of this by-law, the FPPA or the Act.
7.6
No person shall Discharge Fireworks except in accordance with the
conditions of the Permit, the Act, and this by-law.
7.7
The Permit holder shall adhere to all conditions as set out in the Permit,
the Act, and this by-law.
7.8
The Permit holder shall ensure that all unused Fireworks and all debris
are removed and disposed of in a safe and appropriate manner.
7.9
A copy of the Public Fireworks Display Permit shall be kept at the site of
the display from the time of initial event set up to the time of event
conclusion.
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Authorization Reference: CLK-C 4-2024
Page 8 of 9
7.10 Every holder of a Public Fireworks Display Permit shall produce the Permit
upon being so directed by the Fire Chief or designate.
7.11 The Permit shall require that the applicant shall at their expense obtain
and keep in force during the term of the Permit, Commercial General
Liability insurance satisfactory to the City and underwritten by an insurer
licensed to conduct business in the Province of Ontario. The policy shall
provide coverage for bodily injury, death, property damage and personal
injury, including the loss of use thereof, and shall include but not be
limited to:
7.11.1 a limit of liability of not less than five (5) million dollars
($5,000,000.00) per occurrence;
7.11.2 "Claims Made" insurance policies will not be permitted;
7.11.3 adding the Municipality as an additional insured with respect to
the operations of the Named Insured;
7.11.4 the policy shall contain a provision for Cross Liability and
Severability of Interest Clause, Premises and Operations Liability,
Blanket Contractual Liability, Products/Completed Operations,
Personal Injury, and Non-Owned Automobile Liability in respect of
the Named Insured; and
7.11.5 non-owned automobile coverage with a limit of not less than
$2,000,000 and shall include contractual non-owned coverage.
7.12 Such insurance shall include coverage for conducting displays of
Pyrotechnic Special Effects Fireworks or Display Fireworks. Such
insurance policy shall contain an endorsement to provide the City with (30)
days prior written notice of cancellation or of a material change that would
diminish coverage.
7.13 The applicant shall forward a Certificate of Insurance (no substitutes or
omissions will be accepted) evidencing such insurance coverage and
shall provide this Certificate of Insurance to the Fire Chief prior to the
issuance of a Permit.
7.14 The Permit shall provide that the applicant shall indemnify and save
harmless the City of Thorold from any and all claims, demands, causes
of action, loss, costs or damages that the City of Thorold may suffer, incur,
or be liable for, resulting from the performance of the applicant as set out
in the by-law, whether with or without negligence on the part of the
applicant, the applicant's employees, directors, contractors and agents.
Section 8 -Administration and Enforcement
8.1
The Fire Chief shall be responsible for the administration of the provisions
of this by-law.
8.2
The Fire Chief may issue and/or revoke a Fireworks Permit as set out
herein.
8.3
Members of the Fire Service and the Municipal By-law division shall be
responsible for the enforcement of this by-law.
8.4
Any member of the Fire Service or Municipal By-law division may enter
onto property in the course of their duty at any time, without prior notice,
for the purpose of carrying out an inspection to determine whether the
provisions of this by-law have been complied with.
8.5
The Thorold Fire & Emergency Services is exempt from this by-law for
the purposes of training with, or the testing of, Fireworks.
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Authorization Reference: CLK-C 4-2024
Page 9 of 9
8.6
No person shall hinder or obstruct, or attempt to hinder or obstruct, a
member of the Fire Services or Municipal By-law Division who is
performing a duty which is authorized under this by-law.
8.7
No person shall knowingly furnish false or misleading information to the
City or the Fire Services with respect to this by-law.
8.8
Any person, firm, or corporation who contravenes any provision of this by-
law is guilty of an offence and upon conviction is liable to a fine as provided
for in the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended from
time to time, or any replacement legislation.
8.9
The owner of a property who contravenes this by-law may have the costs
associated with the Fire Service response to the contravention, as
determined by the Schedule of Fees By-law of the City, in effect at the time
of the attendance by the Fire Service, added to the property taxes for the
property regardless of whether the Fireworks were Discharged with the
permission or knowledge of the property owner or by Permit, and same
shall be collected in the same manner as taxes in accordance with
Section 446 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended.
8.10 Neither the Fire Service nor the City shall be responsible to notify the
owner of a property, in advance, of its intention to charge for services or
costs associated with the response to the Discharge of Fireworks.
9. That By-law No. 48-2018 is hereby repealed.
10. That this by-law shall come into force and effect on the 7th day of May, 2024
Terry Ugulini, Mayor
Matthew Trennum, City Clerk
Terry Ugulini
Signed with ConsignO Cloud (2024/05/08)
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Matthew Trennum
Signed with ConsignO Cloud (2024/05/08)
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